Vermont Child Find: Your Right to Request a Special Education Evaluation

Vermont's Child Find obligation is one of the most powerful tools available to parents — and one of the least understood. Most families wait for teachers to flag a problem. But the law creates an affirmative duty on the school district to identify children who may have disabilities, and it gives parents the right to trigger that process directly, in writing, at any time.

What Child Find Actually Means

Under IDEA and Vermont Rule 2360, every supervisory union in Vermont has an ongoing, affirmative obligation to locate, identify, and evaluate all children with suspected disabilities within their jurisdiction. This is called Child Find.

It doesn't matter whether:

• The child is passing their classes
• The child attends a private school or is home-schooled
• The child receives accommodations and is "getting by"
• Teachers think the child will outgrow the difficulty
• The child hasn't been formally referred

The obligation applies to children from birth through age 21. Vermont ranks among the highest states in the country for early identification and inclusion — 19.6% of Vermont students receive special education services under an IEP, one of the highest rates in the nation. That high identification rate is in part a reflection of how seriously Vermont takes Child Find at the early stages.

But high statewide identification rates don't mean your specific child's needs are being caught. Individual children fall through the cracks, particularly when their disability doesn't manifest in obvious academic failure.

Who Can Make a Referral

Anyone can refer a child for a special education evaluation — a parent, a teacher, a counselor, a pediatrician, a childcare provider, or even the child themselves (if old enough). You do not need a doctor's letter, a formal diagnosis, or a teacher's recommendation to request an evaluation.

As a parent, the most effective thing you can do is make the referral yourself, in writing. A verbal concern at a teacher conference starts no legal clock. A written request triggers Vermont's strict timelines.

Vermont's 15-Day Rule

Once a supervisory union receives a written referral for special education evaluation (whether from a parent or another source), Vermont law imposes the 15-calendar-day rule. Within 15 calendar days, the district must do one of three things:

1. Seek your written consent to initiate the evaluation
2. Convene an Evaluation Planning Team (EPT) meeting to discuss the evaluation
3. Provide you with a Prior Written Notice explaining why the district is declining the evaluation request

All three of these are documented, formal responses. "We'll keep an eye on things" is not one of them.

Calendar days means every day — weekends, holidays, summer. If you send your letter on May 25, the 15-day clock expires June 9.

What Happens After the Referral

If the district agrees to evaluate, the next step is the Evaluation Planning Team (EPT) meeting. This is where you and school staff agree on the scope of the evaluation — which areas will be assessed, which evaluators will be involved, and what assessment tools will be used.

Once you provide written consent for the evaluation, Vermont's 60-calendar-day rule kicks in. The district has 60 calendar days from receipt of your written consent to complete the evaluation and provide you with a written report. The 60-day clock does not pause for summer vacation, staffing shortages, or scheduling conflicts.

A comprehensive evaluation may include:

• Cognitive (psychological) assessment
• Academic achievement testing
• Speech and language evaluation
• Occupational therapy evaluation
• Hearing and vision screening
• Behavioral observation
• Review of educational records and medical history

The scope depends on the specific concerns raised in the referral.

When the School Says "Not Yet" or Suggests the EST First

Schools sometimes respond to evaluation requests by suggesting the child go through the Educational Support Team (EST) process first — a series of general education interventions and progress monitoring. The EST is Vermont's MTSS/RTI process, and it has genuine value as an early support system.

But here is the critical legal protection: Vermont law explicitly states that EST or MTSS processes shall not be used to delay or deny a timely initial comprehensive evaluation if there is a reason to suspect disability.

If you believe your child has a disability and you've made a written referral for evaluation, you do not have to accept an EST plan as a substitute. You can agree to EST support and simultaneously maintain your written evaluation request. Put both positions in writing.

If the school provides you with a Prior Written Notice declining your evaluation request on grounds that they want to try EST interventions first, that document is the starting point for a dispute. You can request mediation through the Vermont Agency of Education, or file an administrative complaint.

Child Find and Private School / Home Study Students

Vermont's Child Find obligation extends to all children residing within the supervisory union's jurisdiction — including children attending private schools (including religiously affiliated schools) and children being educated through Vermont's Home Study program.

The services a private school or home-study student is entitled to are different from what a public school student receives, but the Child Find obligation — locate, identify, evaluate — applies equally.

If your child attends an approved independent school or is home-studied, your local supervisory union is still the entity responsible for Child Find in your community. You can contact the SU's special education director directly to request an evaluation.

Children Who Are Passing Their Classes

One of the most common misconceptions in Vermont special education is that a child who is passing isn't eligible for evaluation or services. The Child Find obligation applies to children who are "suspected of having a disability" — not just to children who are failing.

A child can have dyslexia and be passing by working twice as hard as peers. A child can have an anxiety disorder or ADHD that significantly impairs their functioning without leading to academic failure. A child advancing from grade to grade may still have an unidentified disability.

Vermont Rule 2360 explicitly states that a child who is advancing from grade to grade shall not be excluded from evaluation solely on that basis if there is reason to suspect a disability.

How to Write the Request

Keep it simple and factual. A written evaluation request does not need to be a legal brief. Something like this is sufficient:

"I am writing to request a comprehensive special education evaluation for my child, [name], currently in [grade] at [school]. I have concerns that [describe the areas of concern — reading, behavior, attention, communication, etc.] may indicate a disability that is affecting my child's education. I am requesting this evaluation under IDEA and Vermont State Board of Education Rule 2362. I understand that Vermont's 15-calendar-day rule requires the district to respond within 15 calendar days."

Send it via email to the school principal and special education director. Keep a copy and record when you sent it.

The Vermont IEP & 504 Blueprint includes a ready-to-use evaluation request letter template with the specific Vermont legal citations, so you don't have to draft it from scratch.

After the Evaluation: What Comes Next

If the evaluation finds the child eligible for special education services, an IEP is developed within 30 calendar days. If the evaluation finds the child not eligible, you receive a written explanation and retain the right to request an Independent Educational Evaluation at public expense if you disagree with the school's findings.

Child Find is the front door. Making that written request is how you open it.

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